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HomeMy WebLinkAbout02-21-2007FEBRUARY 21, 2007 5:00 P.M. 57 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT HOMER-CORTLAND COMMUNITY AGENCY US ROUTE I l/NYS ROUTE 41 TAX MAP #76.15-01-30.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Homer -Cortland Community Agency (Brockway Museum), permitting the conversion of former retail space to a multiple museum space. The property is located on the east side of US Route l l/NYS Route 41, immediately north of the viaduct, tax map #76.15-01-30.000. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Absent: Councilman, John Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Scott Smith, Clough Harbour & Associates, LLP; Richard Schutz, Suit-Kote Corporation; Attorney Kelly Pronti, Harter Secrest & Emery, LLP; Steve Cleason, APD Engineering; Representatives of C.A.P.E.: Grace Meddaugh, Catherine Smith, Arnold Talentino, Dr. Robert Rhodes; Chris Bushnell; Bill Breidenger, representing Homer -Cortland Community Agency; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; and News Reporter, Evan Geibel from the Cortland Standard. itSupervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Bill Breidenger, representing the Homer -Cortland Community Agency, introduced himself to the Board and offered to answer any questions about the application for the Brockway Museum. The Board briefly discussed the application, but had no questions. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. P FEBRUARY 21, 2007 5:05 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION LORING CROSSING TAX MAP #77.00-01-22.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Suit-Kote Corporation, permitting the replacement of 5 tanks with a total capacity of 69,000 gallons with 5 larger tanks with a total capacity of 160,000 gallons, the construction of a 1,440 sq. ft. addition to an existing maintenance shop, and the installation of three 12,000 gallon fuel tanks. The property is located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, tax map #77.00-01-22.000. Members present: Absent: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Scott Smith, Clough Harbour & Associates, LLP; Richard Schutz, Suit-Kote Corporation; Attorney Kelly Pronti, Harter Secrest & Emery, LLP; Steve Cleason, APD Engineering; Representatives of C.A.P.E.: Grace Meddaugh, Catherine Smith, Arnold Talentino, Dr. Robert Rhodes; Chris Bushnell; Bill Breidenger, representing Homer -Cortland Community Agency; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Richard Schutz, Operational Manager of Suit-Kote Corporation, gave the audience an overview of the proposed project. The project would take place in three parts, and was a continuation of the project Suit-Kote started six years ago. The first part of the project would be to increase the capacity size of five raw material storage tanks. Suit-Kote proposed to replace five storage tanks with a total capacity of 69,000 gallons with five larger tanks with a total capacity of 160,000 gallons. Mr. Schutz explained that the product being stored would not change. The second part of the project would be to construct a 1,440 sq. ft. addition to an existing maintenance shop. The addition would be to the north side of the existing building, strictly for part storage and a larger office area for the two employees who work in the building. The final portion of the project would be the installation of three 12,000-gallon fuel tanks. The tanks would meet all DEC and Cortland County Sanitary Code regulations regarding bulk storage. The tanks would have 150% containment around each steel tank. The tanks would also be in a containment area at the facility. Councilman O'Donnell questioned what the emulsion tanks were made of. Mr. Schutz explained that the tanks were not truly emulsion tanks, but were for chemical additives used to make the emulsifying solution. The steel tanks were made to petroleum bulk storage regulations so that if Suit-Kote needed to use the tanks for emulsion in the future they would be able to. Councilman Rocco questioned what Suit-Kote would do with the tanks that are being replaced. He also questioned who would install the new tanks. Mr. Schutz informed the Board that the tanks would be taken off site and scrapped. The tanks are pre -manufactured by Highland, a well-known manufacturer of steel tanks. The tank sits within a steel containment, and the entire facility sits within tertiary containment for any of Suit-Kote's other products. 1 41� 11 FEBRUARY 21, 2007 PUBLIC HEARING NO. 2 PAGE 2 59 Councilman Rocco questioned what type of fuel would be contained in the fuel tanks. Mr. Schutz explained there would be two grades of diesel and one grade of unleaded gasoline, which are used for road construction. Councilman O'Donnell questioned the height of the five storage tanks. Mr. Schutz explained that the five tanks would be approximately 40 ft. high, which is no bigger than the existing tanks. Attorney Folmer questioned whether Mr. Schutz had a copy of the letter from the NYS DEC dated January 23, 2007. The Town Planning Board recommended approval of the Aquifer Permit subject to conditions from the County Planning Board and condition #1 from the NYS DEC. Attorney Folmer questioned what the condition was from the DEC. Mr. Schutz apprised the Board the condition from the DEC read as follows: 1. Replace five tanks — Increasing the capacity of the new tanks is a modification pursuant to the air pollution control regulations. As such, Suit-Kote must apply for a modification of the facility's Air State Facility Permit prior to construction. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:20 p.m. 0 E FEBRUARY 21, 2007 5:20 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Absent: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Scott Smith, Clough Harbour & Associates, LLP; Richard Schutz, Suit-Kote Corporation; Attorney Kelly Pronti, Harter Secrest & Emery, LLP; Steve Cleason, APD Engineering; Representatives of C.A.P.E.: Grace Meddaugh, Catherine Smith, Arnold Talentino, Dr. Robert Rhodes; Chris Bushnell; Bill Breidenger, representing Homer -Cortland Community Agency; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. The draft Town Board Minutes of December 6, 2006 were presented to the Board for their review. RESOLUTION #37 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #84 - 110 $ 81,720.10 General Fund B B 12 - B 12 $ 3,975.52 Highway Fund DB D49 - D63 $ 48,784.32 Water Fund W29 - W34 $ 7,415.85 Sewer Fund S9 - Sl l $ 2,078.78 Trust & Agency T3 - T4 $ 31,416.32 Capital Projects 1112 - H18 $204,592.62 Special Grant SG10 - SG13 $ 17,567.49 Supervisor Tupper offered privilege of the floor to Chris Bushnell. Chris Bushnell, 3655 Page Green Rd., questioned who was responsible for maintaining the new sidewalks on Page Green Rd. with regard to snow removal. Residents of the City of Cortland are responsible for maintaining the sidewalks in front of their own property, and are ticketed if they fail to do so. Mr. Bushnell suggested the Town ask the County to maintain the sidewalks on Page Green Rd., as it is a county road. Supervisor Tupper stated it was brought to the Board's attention that the Town did not have a sidewalk ordinance at the time they approved the construction of sidewalks in Blodgett Mills. He agreed that a sidewalk ordinance would be necessary, especially with the future Route 281/Route 13 Corridor Project. Supervisor Tupper suggested the matter be turned over to the Town Attorney. He would also inform Mr. Bushnell as to what action would be taken. Supervisor Tupper offered privilege of the floor to Bill Breidenger. Bill Breidenger, representing the Homer -Cortland Community Agency (Brockway Museum) presented the Board with the second proposal for the Restore NY grant application. The Town of Cortlandville would have to apply for the grant on behalf of the agency, which would require a 10% match from the agency. �1 FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper commented that the Town was supportive of the project. He suggested the Board submit the information to Attorney Folmer for review, and to make a decision at a later time regarding the submittal of a second grant application. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Restore NY Application from the Homer -Cortland Community Agency. All voting aye, the motion was carried. Supervisor Tupper offered privilege of the floor to Councilman Rocco. Councilman Rocco commented on a recent article in the Cortland Standard regarding the Wal-Mart Supercenter PUD application. He clarified that the Wal-Mart Tire & Lube Express (TLE) was removed from the project. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Homer -Cortland Community Agency (Brockway Museum). RESOLUTION #38 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2007 SUBMITTED BY HOMER- CORTLAND COMMUNITY AGENCY (BROCKWAY MUSEUM) FOR PROPERTY LOCATED AT 4386-4392 US ROUTE 11 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Homer -Cortland Community Agency (Brockway Museum) for property located on the east side of US Route 11/NYS Route 41, immediately north of the viaduct, permitting the conversion of former retail space to multiple museum space, tax map #76.15-01-30.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Homer -Cortland Community Agency, Aquifer Protection Permit #1 of 2007, shall have no significant environmental impact. RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT # 1 OF 2007 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2007, submitted by Homer -Cortland Community Agency (Brockway Museum). RESOLUTION #40 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2007 SUBMITTED BY HOMER-CORTLAND COMMUNITY AGENCY (BROCKWAY MUSEUM) FOR PROPERTY LOCATED AT 4386-4392 US ROUTE 11 SUBJECT TO RECOMMENDATIONS FROM THE TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED U FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 3. WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2007, submitted by Homer -Cortland Community Agency, for property located on the east side of US Route 11/NYS Route 41, immediately north of the viaduct, permitting the conversion of former retail space to multiple museum space, tax map #76.15-01-30.000, subject to the following recommendations from the Town and County Planning Boards: 1. The applicant submits a technical evaluation of the proposal that demonstrates that the proposed development will not result in any increase in flood levels during the occurrence of the base flood elevation as is required for development of properties in the floodway per the "Zoning Local Law of the Town of Cortlandville". 2. That the proposed development complies with all applicable provisions of the "Zoning Local Law of the Town of Cortlandville" for flood hazard reduction. 3. The applicant filing a Notice Of Intent with the NYS Department of Environmental Conservation (DEC) in addition to the preparation of a stormwater pollution prevention plan if it is determined that the proposal involves the disturbance of at least one acre of land. 4. The applicant applying for and receiving a bulk variance from the maximum lot coverage allowance upon the Town weighing the benefit of exceeding the maximum permitted lot coverage to the applicant vs. the health, safety, and welfare of the community/neighborhood. 5. The NYS Department of Transportation (DOT) being consulted to determine if a curb cut permit is required for use of the existing access locations along US Route I I/NYS Route 41 due to the change in use of the property. 6. The applicant applying to the Town of Cortlandville/Cortland County Health Department for connection to public water and sewer including an application for a back flow prevention device for the public water supply connection. 7. A negative declaration of environmental impact under SEAR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Suit-Kote Corporation. RESOLUTION #41 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #2 OF 2007 SUBMITTED BY SUIT- KOTE CORPORATION FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LORING CROSSING Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation permitting the replacement of 5 tanks with a total capacity of 69,000 gallons with 5 larger tanks with a total capacity of 160,000 gallons, the construction of a 1,440 sq. ft. addition to an existing maintenance shop, and the installation of three 12,000 gallon fuel tanks for property located on the south side of Loring Crossing, tax map #77.00-01-22.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Suit-Kote Corporation, Aquifer Protection Permit #2 of 2007, shall have no significant environmental impact. 1,0.3 FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 4 RESOLUTION #42 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #2 OF 2007 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #2 of 2007, submitted by Suit-Kote Corporation. RESOLUTION #43 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2007 SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LORING CROSSING SUBJECT TO RECOMMENDATIONS FROM THE TOWN AND COUNTY PLANNING BOARDS AND THE NYS DEC Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #2 of 2007, submitted by Suit-Kote Corporation, for property located on the south side of Loring Crossing, permitting the replacement of 5 tanks with a total capacity of 69,000 gallons with 5 larger tanks with a total capacity of 160,000 gallons, the construction of a 1,440 sq. ft. addition to an existing maintenance shop, and the installation of three 12,000 gallon fuel tanks, tax map #77.00-01- 22.000, subject to the following recommendations from the Town and County Planning Boards and the New York State Department of Environmental Conservation: 1. The applicant obtain approval of the NYS Department of Environmental Conservation (DEC) including possible modifications to existing air quality, major oil storage facility, and stormwater SPDES permits. 2. Compliance with the Town's flood damage prevention regulations as is required for a development permit for flood hazard areas. 3. A negative declaration of environmental impact under SEQR. 4. Apply for a modification of the facility's Air State Facility Permit prior to construction. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. The monthly report of the Town Justice for the month of January 2007 was on the table for review and is filed in the Town Clerk's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Michael and Tammy Timmerman, dated February 8, 2007, notifying the Town of their intent to renew the liquor license for Willowbrook Golf Club, Inc., located at 3267 NYS Route 215. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Attorney William J. Pomeroy, of Pomeroy, Armstrong & Casullo, LLP, dated February 7, 2007, notifying the Town that Walden Oaks Country Club, Inc. intended to renew its liquor license for property located at 3369 Walden Oaks Boulevard. All voting aye, the motion was carried. (y FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 5 Attorney Folmer reported: Lease Office Space for Town Code Enforcement Officer: Attorney Folmer apprised the Board that due to the Expansion/Renovation of the Raymond G. Thorpe Municipal Building, the Code Enforcement Officer would be leasing office space in the former Cortland Glass building located at 1013 NYS Route 13. Gerald Pollock, owner of the building, agreed to lease office space for $500.00 a month, on a month -to -month basis. RESOLUTION #44 AUTHORIZE SUPERVISOR TO EXECUTE LEASE AGREEMENT WITH GERALD POLLOCK FOR OFFICE SPACE LOCATED AT 1013 NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is , hereby authorized and directed to execute a lease agreement with Gerald Pollock for temporary office space located at 1013 NYS Route 13, to be utilized by the Town Code Enforcement Officer during the Expansion/Renovation of the Raymond G. Thorpe Municipal Building, in the amount of $500.00 per month on a month to month basis. Proposed Revised Zoning Ordinance: Attorney Folmer apprised the Board he received recommendations from the Cortland County Planning Board regarding the Proposed Revised Zoning Ordinance, which he felt were appropriate. However, if the Board incorporates the County's recommendations into the proposed ordinance, another public hearing would have to be conducted. RESOLUTION #45 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED", the Town Board does hereby schedule a Public Hearing for March 21, 2007 at 5:00 p.m. or soon thereafter, regarding the enactment of a Local Law of 2007 that would revise the Zoning Code of the Town of Cortlandville. Wal-Mart Supercenter PUD Application: Attorney Folmer informed the Board he would submit a draft resolution of the Wal-Mart Supercenter PUD Application to them at their next meeting. The Board would review the proposed resolution at that time and take action on it as well. Reschedule Regular Town Board Meeting: Attorney Folmer suggested the Board reschedule the March 7, 2007 regular Town Board Meeting to March 6, 2007. Attorney Folmer had a conflict with the March 7th meeting and would not be able to attend. The Board agreed to reschedule the meeting. Supervisor Tupper would alert the media and post the meeting information on the Town's website. 65 FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 6 RESOLUTION #46 RESCHEDULE REGULAR TOWN BOARD MEETING OF MARCH 7 2007 TO MARCH 6 2007 AT 5:00 P.M. Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reschedule the Regular Town Board Meeting of Wednesday, March 7, 2007 to Tuesday, March 6, 2007 at 5:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from the Cortland County Health Department regarding County Sanitary Code for minimum residential building lot size requirements, dated January 30, 2007. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file at the request of Attorney Kelly Pronti, Harter Secrest & Emery LLP., the presentation of the Wal-Mart Supercenter PUD application that was presented at the Public Hearing held February 7, 2007. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file public comments from the following people regarding the Wal-Mart Supercenter PUD application: 1) Dr. Peter M. Jeffers, Chemistry Department, SUNY Cortland dated February 13, 2007 2) Philomena T. Curley, Cortlandville Resident, dated February 15, 2007 3) Roselyn Cook, 54 Cortland St., Homer, NY, received January 31, 2007 4) Roselyn Cook, 54 Cortland St., Homer, NY, received February 27, 2007 5) David J. Yaman, David Yaman Realty Services, dated January 12, 2007 6) Ann Gebhard, 14 William St., Cortland, NY, dated February 14, 2007 7) Richard Buttny, 2298 Carson Rd., Virgil, NY, dated February 10, 2007 8) Antoinette Passeri, dated February 7, 2007 9) Jean W. LeLoup, 17 Homer Ave., Cortland, NY, dated February 7, 2007 10) Ed Triana, 795 N. Lamont, Cortland, NY, dated February 7, 2007 11) Patricia Roiger, 795 N. Lamont, Cortland, NY, dated February 7, 2007 12) Susan J. Fitts, 811 Pheasant Run, Cortland, NY, dated February 7, 2007 13) Pam Jenkins, 4023 Collegeview Dr., Cortland, NY, dated February 7, 2007 14) Elizabeth T. Brevett, 15 Morningside Dr., Cortland, NY, dated February 5, 2007 15) Julia G. Ganson, 1144 Old Stage Rd., Cortland, NY, dated February 5, 2007 16) Catherine Frail, 79 Greenbush St., Cortland, NY, dated February 4, 2007 17) Catherine D. Smith, 41 Morningside Dr., Cortland, NY, dated February 3, 2007 18) Philip Serghini, Community Affairs Manager, Wal-Mart Stores Inc., received December 12, 2006 19) William F. and Sarah S. Swisher, received December 15, 2006 20) Shannon Metzler, received January 4, 2007 21) Mary A. Miner, 3275 Walden Oaks Blvd., Cortland, NY, dated January 8, 2007 22) Palma M. Ward, received January 9, 2007 23) Unknown, received December 11, 2006 24) Bonnie L. Henry, dated December 1, 2006 25) Richanna Patrick, 23 Atkins Ave., Cortland, NY, dated February 6, 2007 26) Nick Renzi, 1149 Davinci Dr., Cortland, NY, dated February 7, 2007 27) Holly S. Greer, dated February 6, 2007 28) Marilyn DeLorenzo, 3981 Woodside Rd., Cortland, NY, dated February 7, 2007 29) Anna -Mae Artim, 714 McLean Rd., Cortland, NY, dated February 5, 2007 30) Marie A. Kautz, 3283 Walden Oaks Blvd., Cortland, NY, dated February 7, 2007 31) Mary and Andrew Miner, 3275 Walden Oaks Blvd., Cortland, NY, dated February 7, 2007 32) Patrick Braman, SUNY Cortland 33) Petition of 26 signatures from the "Eagles" 34) Grace Meddaugh for C.A.P.E., dated February 7, 2007 35) Beverly B. Ellefson and C. Ashley Ellefson, dated February 7, 2007 36) Charles A. Maxfield, 1 Holiday Dr., Apt. A101, Cortland, NY, dated February 7, 2007 37) Norman Trigobuff, Cortland Interfaith Center, dated February 7, 2007 38) Francis Wilbur, Cortland, NY, dated February 7, 2007 39) Lorraine Brown, City of Cortland, dated February 7, 2007 40) Tim Carmody, Cortlandville, dated February 7, 2007 41) Grace Meddaugh FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 7 42) Andrea Rankin, dated February 7, 2007 43) Charlotte Angell, 6 Forrest Ave., Cortland, NY, dated February 7, 2007 44) Arnold Talentino, 38 Van Hoesen St., Cortland, NY, dated February 7, 2007 45) David J. Yaman, David Yaman Realty Services, dated February 7, 2007 46) Ruth Grunberg, 70 '/z Elm Street, Cortland, NY 47) Catherine D. Smith, 41 Morningside Dr., Cortland, NY, dated February 3, 2007 48) Nancy Hansen, 14 Yong St., Cortland, NY, dated February 7, 2007 49) James Ferro, 710 McLean Rd., Cortland, NY, dated February 7, 2007 50) Sean L. Mack, 798 Fercor Dr., Cortland, NY, dated February 7, 2007 51) Constance Mack, 798 Fer Cor Dr., Cortland, NY, dated February 6, 2007 52) Gwendolyn Merkur, 4321 Alexandria Dr., Cortland, NY, dated February 6, 2007 53) Barbara L. Patterson, Sherbrook Apts. H-4, Cortland, NY, dated February 7, 2007 54) Edith Dewey, Sherbrook Apts. H-2, Cortland, NY, dated February 7, 2007 55) Barbara Williams, 775 McLean Rd., Cortland, NY, dated February 7, 2007 56) Ter-Jeng Huang, 722 McLean Rd., Cortland, NY, dated February 6, 2007 57) Medaca White, 737 McLean Rd., Cortland, NY, dated February 7, 2007 58) Russell White, 737 McLean Rd., Cortland, NY, dated February 7, 2007 59) Lydia M. Ferro, 710 McLean Rd., Cortland, NY, dated February 7, 2007 60) Robert (last name not legible), dated February 4, 2007 61) Shirley Bruey, dated February 7, 2007 62) Lisi Krall, PhD. Economics 63) "The Effects of Wal-Mart of Local Labor Markets" dated January 2007 submitted by Lisi Krall All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file public comments from the following people regarding the Proposed Revised Zoning Ordinance: 1) Catherine D. Smith, 41 Morningside Dr., Cortland, NY, dated February 8, 2007 2) Andrea Rankin, dated February 8, 2007 3) Susan J. Fitts, 811 Pheasant Run, Cortland, NY, dated February 8, 2007 4) Mecke Nagel, 12 Frederic Ave. Cortland, NY, and Colleen Kattau, 16 James St., Cortland, NY, dated February 8, 2007 5) Nick Renzi, 1149 Davinci Dr., Cortland, NY, "Public Hearing Statement" dated February 8, 2007 6) Nick Renzi, 1149 Davinci Dr., Cortland, NY, "Public Hearing Supplemental Statement" dated February 8, 2007 7) Bob Martin, 4023 Collegeview Dr., Cortland, NY, dated February 8, 2007 8) Mary Miner, 3275 Walden Oaks Blvd., Cortland, NY, dated February 8, 2007 All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Anthony J. Dolan, CPA, NYS Office of the State Comptroller, dated January 23, 2007, regarding the extension of time for filing the Town's Annual Financial Report. All voting aye, the motion was carried. There was a brief discussion regarding the "Review of Well Recharge Areas Relative to the Proposed Wal-Mart Supercenter" submitted by Clough Harbour & Associates at the request of Councilman Rocco. Clough Harbour reviewed existing reports and documents relating to groundwater flow direction in the Otter Creek -Dry Creek aquifer that lies beneath the Town. Specifically, Councilman Rocco raised the question of whether the groundwater beneath the proposed Wal-Mart Supercenter site on NYS Route 13 flows toward any of the municipal water supply production wells in the Town or in the City of Cortland. Clough Harbour submitted its comments on the issue and stated that while it was "impossible to conclude that no water occurring beneath the proposed Wal-Mart site will reach the municipal water supply, a number of measures to reduce the potential threat posed by this development to the aquifer have been proposed by Wal-Mart." The details of mitigation measures were included in the Final Environmental Impact Statement. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the "Review of Well Recharge Areas Relative to the Proposed Wal-Mart Supercenter" from Clough Harbour & Associates LLP, dated February 20, 2007, and to attach the correspondence to the Wal-Mart Supercenter PUD Application. All voting aye, the motion was carried. 1, FEBRUARY 21, 2007 TOWN BOARD MEETING PAGE 8 67 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:50 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on April 4, 2007. The final version of this meeting was approved as written at the Town Board meeting of May 2, 2007. 1